Shipping Insurance Liability Question..Resolution

[usernamealreadytaken]

Hypothetically speaking, the carrier would probably deny a claim under these general facts as they arguably met the terms of the insurance agreement- the secure delivery of the package, which appears (at least from the record) to have occurred. That said, an examination of this agreement would be necessary on what is and what is not covered.
If one could establish receipt by the third party, one might allege that the recipient owes a duty as bailee of the cards which they are alleged to have breached by losing the package. This too depends on the jurisdiction's common and statutory law -- counsel that only a licensed attorney within the jurisdiction would be able to provide.

[smtjoy]

Did you send the cards with signature confirm on it?

[Piratedogcardshows]

Originally Posted by smtjoy

Did you send the cards with signature confirm on it?

No I sent it with delivery confirmation and insurance.I assume they have to sign for insured packages,no?

[t206hound]

Originally Posted by Jason

No I sent it with delivery confirmation and insurance.I assume they have to sign for insured packages,no?

Signature is required for any item insured for $200 or more.

[smtjoy]

Signature is required above $200 value so assuming you had that, then get with post office and get copy of the signature so you can present it to TPG as proof that the package was delivered (this signature is normally only used when there is a claim for damage). I would never send anything to a TPG without Signature Confirmation even if its insured, for $2.15 this is your proof it was delivered and who received it.

If the cards were valued under $200 and no signature was needed I think it are screwed as you have no way to prove who got the package. All you can do here is report it to the post office that the receiver claims to never have gotten it and they can keep an eye out if it turns up.

I also agree that you have no recourse with the USPS as they did what they were paid to do and there was no damage to the mail and that's all USPS insurance covers.

[dog*dirt]

Although slightly different than your case I have a similar experience.

I was to have a package delivered to me and the tracking said it had been delivered Oct 6th but I was home and know for a fact it was not delivered. I then called the post office and talked to the person who was in charge of overseeing the carriers and was told that although it is not supposed to happen that there are times when the carrier forgets to deliver the package and rather them tell her they missed a delivery the carrier scans the item and tries to hide it in the sorting facility at the end of the day.

As I was not expecting to see my package ever, it did indeed show up yesterday

[Piratedogcardshows]

Thanks for the replies everyone.I wasn't aware of the different types of signatures,i.e. one for delivery and one for damage.Either way someone there signed for it.The package was well over 200 so that's a good thing in a way.I have contacted the post office that delivered it and am waiting on a return call with more info.I will ask for copies of the signature as well as the address it was delivered too.The rep at the TPG didn't seem too concerned or compelled to help in any way,imagine that.

[Piratedogcardshows]

Originally Posted by usernamealreadytaken

Hypothetically speaking, the carrier would probably deny a claim under these general facts as they arguably met the terms of the insurance agreement- the secure delivery of the package, which appears (at least from the record) to have occurred. That said, an examination of this agreement would be necessary on what is and what is not covered.
If one could establish receipt by the third party, one might allege that the recipient owes a duty as bailee of the cards which they are alleged to have breached by losing the package. This too depends on the jurisdiction's common and statutory law -- counsel that only a licensed attorney within the jurisdiction would be able to provide.

It's my thinking too that the carrier would be off the hook as they seem to have met all obligations of the transaction.It seems I have a long journey ahead as to a resolution on this matter.I hope it doesn't come to having to hire counsel on this to sort it all out.